Section 6 in Atomic Minerals Concession Rules, 2016
6. Mining by a Government company or corporation owned or controlled by the Government.
(1)In response to the request made by the State Government under clause (b) of Sub-rule (1) of rule 5, the Department shall intimate to the State Government in writing of the prospective lessee, along with a confirmation regarding grade of atomic minerals in such area being equal to or above the threshold value.(2)The intimation referred to in Sub-rule (1) shall be considered to be evidence to show the existence of mineral contents for atomic minerals in the area for the purposes of clause (b) of Sub-section (2) of section 5 and a copy of such intimation shall also be sent to the prospective lessee.(3)Notwithstanding anything contained in Sub-rules (1) and (2), the Department shall reserve its rights, wherever required, to additionally notify region and deposit-specific threshold values in the case of uranium and thorium bearing minerals, and authorise the Ministry of Mines in the Central Government and the State Government concerned, subject to terms and conditions specified by the Department, to grant mining lease for one or more specific mineral present associated with atomic minerals.(4)The prospective lessee shall within two months from the receipt of a copy of the intimation under Sub-rule (2) shall submit an application to the State Government for grant of a mining lease in the format specified by the Department along with an application fees of ten thousand rupees per square kilometre.(5)The State Government shall within ninety days of receipt of a duly completed application under Sub-rule (4),communicate to the prospective lessee to submit an approved mining plan and other necessary clearances from the concerned Government agencies as required, for grant of mining lease:Provided that for the private lands not owned by the prospective lessee which are available within the area demarcated by the State Government under clause (a) of Sub-rule (1) of rule 5, the State Government shall not insist for furnishing consent of the concerned private land owners or obtaining the surface rights or the like, etc., during the issuance of order under Sub-rule (5):Provided further that the State Government shall obtain an undertaking or an affidavit from the prospective lessee stating that consents of the private land owner or surface rights will be obtained and furnished in a phased manner to the State Government prior to entering into the private lands for mining, and no mining shall be carried out in private lands not owned by lessee without obtaining the consents or surface rights.(6)Upon receipt of such communication from the State Government under Sub-rule (5), the prospective lessee shall -(a)prepare a mining plan in accordance with provisions of Chapter IV and submit the same for approval of the Directorate for approval under clause (b) of Sub-section (2) of section 5, within a period of twelve months from the date of issuance of the communication from the State Government under Sub-rule (5);(b)provide a performance security to the State Government in the form of a bank guarantee as per the format specified in Schedule C or as a security deposit, for an amount equivalent to 0.50 per cent. of the value of estimated resources, which performance security may be invoked by the State Government as per the terms and conditions of Mine Development and Production Agreement and the mining lease deed;(c)the performance security shall be adjusted every five years so that it continues to correspond to 0.50 per cent. of the reassessed value of estimated resources;(d)obtain approval or permit or no-objection or the like from the concerned Government authorities as may be required under applicable laws for commencement of mining operations;(e)sign an Mine Development and Production Agreement with the State Government as per the format specified by the Central Government after compliance of conditions specified in clauses (a), (b), (c) and (d) of this Sub-rule; and(f)meet other conditions as may be specified by the State Government with the prior approval of the Department.(7)The prospective lessee shall submit the documents in support of the fulfilment of the conditions specified in Sub-rule (6), and within ninety days of receipt of such documents the State Government shall issue an order to the prospective lessee for granting the mining lease.(8)The prospective lessee shall execute a mining lease deed within ninety days of receipt of the order of grant of lease as in Sub-rule (7), and if no such deed is executed within the said period due to any default on the part of the prospective lessee, the State Government may revoke the order granting the lease and in that event the fee paid under Sub-rule (4) shall be forfeited to the State Government.(9)The mining lease deed shall be subject to the following conditions, namely:-(a)the mining lease deed shall be in the format specified in Schedule D;(b)the area of such mining lease shall be the same as specified by the State Government as in clause (a) of subrule (1) of rule 5 and no change in area shall be made by the State Government without the prior approval of the Department:Provided that in the interest of development of atomic minerals, a Government company or corporation may acquire, in respect of one or more atomic minerals, one or more mining leases covering an area in excess of the area specified in clause (b) of Sub-section (1) of section 6, if so permitted by the Department.(c)in case the atomic minerals in grade equal to or more than the threshold value exists in association with other minerals, then the mining lease shall be granted for all such minerals including the atomic minerals to the same lessee.(10)The date of the commencement of the period for which a mining lease is granted shall be the date on which a duly executed mining lease is registered.(11)All mining leases granted under these rules, shall be granted for a period until the entire reserves of such minerals in the mine is exhausted:Provided that an existing mining lease as on the date of coming into force of these rules granted to a Government company for extraction of prescribed substances including uranium or thorium, shall be deemed to have been granted for a period until the entire reserves of such minerals in the mine is exhausted.(12)The State Government shall not include any new minerals found in an existing mining lease area granted to a Government company or corporation owned or controlled by the Government:Provided that for such inclusion of a new mineral, the lessee shall obtain the permission from the Department through the concerned State Government, and after receipt of the permission from the Department, modify the mining plan including the new minerals and get the approval from the Directorate:Provided further that where subsequent to grant of a mining lease, one or more mineral is found in an area and such minerals are included in the mining lease or a separate mining lease is granted for such minerals, the periods of lease for all minerals shall be co-terminus with that for which the first lease was originally granted.
